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February 7th, 2012

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Post-Conflict Land Guidelines

There is a growing recognition within the international humanitarian community that there is a strong need to integrate land tenure and property issues into early post-conflict recovery processes.  Historically, it has often been the case that humanitarian practitioners have either not been aware of the importance of these issues for early recovery outcomes or have viewed them as too complex or politically risky to confront in the immediate post-conflict setting.  Presently however, drawing on a wide range of experiences in Africa, Asia Latin America and the Caribbean and elsewhere, it has become clear that land tenure and property issues can have a direct impact on both immediate post-conflict early recovery processes (e.g. protection, camp management, DDR, rehabilitation of agricultural livelihoods etc.) and on longer-term development outcomes.  At the very worst, a failure to understand and address these issues can contribute to a return to conflict, or the emergence of new conflicts; at a minimum, it can reduce the overall impact of humanitarian interventions, in particular, for the poorest and most vulnerable groups.


Integrating short-term and long-term solutions
Current thinking is that both short-term and long-term land tenure and property issues should be addressed at the very onset of the post-conflict early-recovery process.  There are, it is recognised, very significant benefits from addressing longer-term issues from the very onset.  There are then, two very closely related, but nonetheless distinct, sets of land tenure and property issues:

  1. Short-term issues:  related to protection, displacement, beneficiary selection, camp management, agricultural recovery, local dispute resolution etc.
  2. Longer-term issues:  IDP/refugee resettlement/relocation, related to land administration, land policy, dispute resolution, labour market development and longer-term economic growth etc.


The Post-Conflict Land Challenge
In contrast to the case of land tenure and property issues in post-disaster settings, there is already a significant technical knowledge base with regard to post-conflict land tenure and property issues (See for example, FAO (2005) Access to rural land and land administration after violent conflicts; UN-HABITAT (2007) Hanbook on Post-Conflict Land Administration and Peacebuilding; and USAID (2005) Land and Conflict: A toolkit for intervention). The challenge then, is slightly different.  A key operational constraint at present is that most stakeholders involved in early recovery are not aware of the issues and therefore fail to identify them or appropriate solutions.  This lack of awareness means that in some cases, land tenure and property issues can become more problematic during the relief and early recovery process. 

The challenge is therefore threefold:

  1. To assemble guidelines reflecting state-of-the-art knowledge and establish agreed and tested system-wide protocols for identifying, and when possible, responding to land and property issues in post-conflict settings;
  2. To raise awareness of the importance of addressing land tenure and property issues in post-conflict settings amongst key stakeholders, including CWGER members, governments, IASC country teams in post-conflict teams, international and local NGOs and other humanitarian partners.
  3. To build institutional capacities to respond effectively to land tenure and property issues in post-conflict settings, through, for example, establishing a cadre of trained land tenure experts able to work in post-conflict settings


Post-Conflict Land Tools Development
To respond to these challenges, UN-HABITAT/GLTN will develop a set of guidelines and a decision-making toolkit to enable Governments and the international humanitarian community to identify and address land issues in a post-conflict situation.  This will lead to a set of informal, agreed and tested protocols to guide action in post-conflict settings. 

The tools currently under development target different audiences and are designed to strengthen the international community’s capacity to address land and property challenges in post-conflict situation. They include:

“Quick Guide” on land issues targeting humanitarians who may have a limited technical background in land. The document offers simple guidance, do’s and don’t recommendations, lessons from country experience and a glossary of common land terms and concepts.  

Guidelines” a more detailed document on land and conflict, targeting land professionals and aimed at developing a more integrated programmatic approach to land issues.  They offer in-depth, operational information on developing, implementing and monitoring post-conflict land interventions, built on the findings of a series of thematic papers on specific post-conflict land issues and field experiences.

At the same time, the HLP Group under the Global Protection Cluster, led by UN-HABITAT has been drafting a “Checklist for Humanitarian Coordinators and Protection Clusters” with a view to assist these better understand the complex issues, the legal and policy implications and how to facilitate interventions in this regard.


Workshop on “Tools for assessing and addressing post-conflict land issues”
The technical Workshop, held from 10 to12 June 2009 in Geneva, was organized by GLTN, UN-HABITAT, the Cluster Working Group on Early Recovery (CWGER) and the Protection Cluster HLP Group.  The meeting reviewed progress on the Checklist, the Quick Guide and the Guidelines.

The three documents have different target audiences, objectives and lengths. The documents are also in different stages of work, with more work having been done on the Checklist and Quick Guides than on the Guidelines.  Due to UN-HABITAT involvement in the production of all three, reviewing them in the same Workshop provided an opportunity to harmonize the content and ensure the necessary coherence. 

The Workshop was structured to:

  • Promote a language that takes into account the continuum from relief to recovery and the needs of humanitarians and land specialists;
  • Review and validate the draft Quick Guide and Check List;
  • Finalize the structure and indicative contents of the comprehensive Guidelines. 
  • More than 20 participants from different organizations contributed with their recommendations which will be included in the three documents as they are revised.  The documents will be peer-reviewed again by the Workshop participants and a wider network before finalization.

Please find below the links to the meeting presentations, proceedings and drafts:


Workshop on “Land and Conflict issues and tools”

The technical Workshop, held from 14 to17 September 2009 in Nairobi, was organized by UN-HABITAT, GLTN, the Cluster Working Group on Early Recovery (CWGER) and the Protection Cluster HLP Group.  The meeting reviewed progress on the tools that UN-HABITAT is developing with partners on land and conflict, including: Guidelines, Handbook, Check-list and Policy Paper.

The four documents have different target audiences, objectives and lengths as summarized in the table below. The documents are also in different stages of work, the Checklist and Handbook are final drafts and the Guidelines and Policy Paper are undergoing peer-review.  Due to UN-HABITAT involvement in the production of all four, reviewing them in the same Workshop provided an opportunity to harmonize the content and ensure the necessary coherence.

Table 1: Overview of Land and Conflict Related Products under development for the UN System

 

Target Audience

Purpose

Pag

HLP Checklist

Resident Coordinators, Humanitarian Coordinators other humanitarians

- Emphasize need to address land and property issues early and effectively
- Provide guidance for immediate action

4

Land & Natural Resources Conflict

Resident Coordinators

- Guidance Note for Resident Coordinators
- 4 papers prepared separately by UN-HABITAT, UNEP, DPA, UNDP

20

Quick Guide/Handbook

Humanitarians with limited land background

- Clear and simple guidance for the immediate post-conflict environment from a “Do no harm” perspective
- References for further information

40

Guidelines

Specialists (national land experts, humanitarians with a background in land)

- Detailed analysis of land issues
- Operational and programming guidance for different contexts

200

The Workshop had four broad objectives:

  1. Review and validate the compiled draft of the Guidelines (14-16 September 2009),
  2. Review two papers prepared by UN-HABITAT and UNEP as part of the process of developing the ““Land and Natural Resources Conflict Guidance Note” (16 September 2009 afternoon):
  3. Discuss recently developed tools with humanitarian actors from Kenya and the region “Quick Guide/Handbook and HLP Checklist (17 September 2009 morning),
  4. Launch of the ODI publication “Uncharted Territory: Land, Conflict and Humanitarian Action” (17 September 2009)

Please find below the links to the meeting background notes and reports:

  1. Background Note 14-17 September (including agenda and participants list)
    pdf land_and_conflict_workshop_-_background_note_-_14-17_september_2009_final 265.67 Kb
  2. Guidelines Meeting Report
    pdf un-hab_land__conflict_workshop_report_-_final_-_nov_2009 642.60 Kb
  3. Background Note18 September, Round-table
    pdf land_and_conflict_tools_humanitarians_1-pager 164.01 Kb
  4. Humanitarians Coordinators Check-list on Land Issues
    pdf hc_checklist_on_hlp_and_land_issues_final 397.65 Kb
  5. Land and Conflict, a Handbook for Humanitarians, draft September 2009
    pdf land_and_conflict_-_a_handbook_for_humanitiarians-_draft_september_2009 1.13 Mb